HomeMy WebLinkAbout10-22-07_Sundance Business Park II Zone Map Amendment_12
Report compiled on October 17, 2007
Commission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Martin Knight, Assistant Planner
SUBJECT: Sundance Business Park II Zone Map Amendment Application #Z-07208
MEETING DATE: Monday, October 22nd, 2007
RECOMMENDATION: The City Commission approves this application, with the contingencies
listed on Page 2 of Zoning Commission Resolution #Z-07208.
BACKGROUND: The applicant is proposing to amend the City of Bozeman Zoning Map to
establish an initial municipal zoning designation of M-1 (Light Manufacturing District) on
approximately 1.75 acres of land located on Maus Lane north of Griffin Drive. At their October
16th, 2007 public hearing the City of Bozeman Zoning Commission voted 0 against and 3 in favor of
this application. A recommendation of approval has been forwarded.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property, when
the property is developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Martin Knight at mknight@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
346
SUNDANCE BUSINESS PARK II ZONE MAP AMENDMENT
ZONING COMMISSION & CITY COMMISSION STAFF REPORT FILE NO. Z-07208
Sundance Business Park II Zone Map Amendment Staff Report, #Z-07208 1
Item: Zone Map Amendment Application #Z-07208 requesting to
amend the City of Bozeman Zone Map to establish an initial
municipal zoning designation of “M-1” (Light Manufacturing
District) on approximately 1.75 acres of land generally located
on the west-side of Maus Lane north of Griffin Drive.
Owner: Westlake Holdings
2320 N. 7th Avenue
Bozeman, MT 59715
Applicant: Joe Mclendon
1000 Lurel Ranch Road
Bozeman, MT 59715
Representative: Madison Engineering
924 Stoneridge Drive Suite 1
Bozeman, MT 59718
Date/Time: Before the Bozeman Zoning Commission on Tuesday, October
16, 2007 at 7:00 p.m. in the Community Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, Montana.
Before the Bozeman City Commission on Monday, October 22,
2007, at 6 p.m. in the Community Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, Montana.
Report By: Martin Knight, Assistant Planner
Recommendation: Approval of M-1 with Contingencies
PROJECT LOCATION & MAP:
The subject property is legally described as Lot 28 of the Gordon Mandeville State School Section
Subdivision and the Maus Lane Right-of-Way adjacent to Lot 28; and located in the SE ¼ of Section 36,
T1S, R5E, P.M.M., Gallatin County, Montana. The site is generally situated on the west side of Maus Lane,
just north of the intersection of Maus Lane and Griffin Drive.
The subject property is approximately 1.75 acres in size. Please refer to the aerial photograph provided at
the end of the Staff Report and to the following vicinity map.
347
PROPOSAL AND BACKGROUND INFORMATION
The applicant has made application to the Bozeman Planning Department for a Zone Map Amendment to
establish an initial municipal zoning designation of “M-1” (Light Manufacturing District) on approximately
1.75 acres of land, which is generally located on the west-side of Maus Lane north of Griffin Drive.
This application is being reviewed concurrently with an annexation application (#A-07005) for the subject
properties. The purpose of the annexation and zone map amendment requests is to extend municipal
water and sanitary sewer infrastructure to the property and obtain pubic services (i.e., police and fire) in
order to develop at urban densities as outlined in the Bozeman 2020 Community Plan.
No written public comment has been received to date.
ZONING DESIGNATION & LAND USES
The subject property is currently vacant. The applicants propose a Zone Map Amendment to establish an
initial municipal zoning designation of M-1. The intent of the M-1 (Light Manufacturing District) district is
to provide for the communities needs for wholesale trade, storage and warehousing, trucking and
transportation terminals, light manufacturing and similar activities.
The existing land uses and current zoning designations located in the immediate area of the subject
property are:
North: Warehousing/light manufacturing uses; annexed and zoned M-1(Light Manufacturing
District).
South: Warehousing/light manufacturing uses; annexed and zoned M-1 (Light Manufacturing
District).
East: Warehousing/light manufacturing uses; annexed and zoned M-2 (Manufacturing and
Industrial District).
Sundance Business Park II Zone Map Amendment Staff Report, #Z-07208 2
348
West: Midwest Industrial/industrial uses; annexed and zoned M-1 (Light Manufacturing
District).
GROWTH POLICY DESIGNATION
The subject property is currently designated as “Industrial” on the Future Land Use Map of the Bozeman
2020 Community Plan.
The “Industrial” classification provides areas for the heavy uses which support an urban
environment such as manufacturing, warehousing, and transportation hubs. Development
within these areas is intensive and is connected to significant transportation corridors. In
order to protect the economic base and necessary services represented by industrial uses,
uses which would be detrimentally impacted by industrial activities are discouraged.
Although use in these areas is intensive, these areas are part of the larger community and
should meet basic standards for landscaping and other site design issues and be integrated
within the larger community. In some circumstances, uses other than those typically
considered industrial have been historically present in areas which were given an industrial
designation in this growth policy. Careful consideration must be given to public policies to
allow these mixed uses to coexist in harmony.
REVIEW CRITERIA & FINDINGS
According to Section 18.70.020 of the Unified Development Ordinance (UDO), the Bozeman Zoning
Commission shall cause to be made an investigation of facts bearing on each zone map amendment
application. The Zoning Commission must provide necessary information to assure that the action of
each zone map amendment application is consistent with the intent and purpose of the UDO.
Specifically, the investigation must address the following criteria as required in Section 76-02-304, Montana
Code Annotated:
A. Consistency with the City’s growth policy
As previously noted, this property is now designated as “Industrial” according to the Bozeman
2020 Community Plan Future Land Use Map. The proposed “M-1” zoning designation is in
compliance with this land use designation.
B. Lessening of congestion in the streets
The property is accessed by Maus Lane (local street), and has close proximity to both North 7th
Avenue (arterial street) and Interstate 90. Zoning regulations, such as setbacks, parking
requirements, and traffic mitigation measures will be considered during the site plan review process
to ensure undue congestion of the streets is avoided.
C. Securing safety from fire, panic, and other dangers
The regulatory provisions established for all the zoning designations, in conjunction with
provisions for adequate transportation facilities, will address safety concerns with any further
development of the property. Furthermore, through site plan review, a shared access across the
property to the west may be proposed; thus, this additional access would address safety issues such
as secondary access.
Sundance Business Park II Zone Map Amendment Staff Report, #Z-07208 3
349
D. Promotion of health and the general welfare
The subject property is currently within the City of Bozeman. Municipal infrastructure (i.e., water
and sanitary sewer) and public services (i.e., police and fire protection) are available to the property.
Connection to City water and sewer will be required upon development. Generally, the standards
of development and accompanying development review processes (subdivision or site plan) will
adequately address the issues of health and general welfare for any zoning designation.
E. Provision of adequate light and air
The regulatory standards set forth in the UDO for all of the residential zoning districts will provide
the necessary provisions (i.e., yard setbacks, lot coverage, parkland/open space and building
heights), which are intended to provide for adequate light and air for the surrounding
neighborhood and for any additional development on the subject property.
F. Prevention of the overcrowding of land
The UDO limits the number of people living in a household to a maximum of four unrelated
people (see definition of “household” in Section 18.80.1390). Minimum yard setbacks, height
requirements, maximum lot coverage, and required parking are also limiting factors that help
prevent the overcrowding of land.
G. Avoiding undue concentration of population
Compliance with the regulatory standards set forth in the UDO and the International Building
Code will aid in providing adequately sized dwelling units to avoid undue concentration of
population. According to the census information for the City of Bozeman the average household
size has been declining from 5.74 in 1930 to 2.48 in 2000. This historical trend is likely to continue
and would indicate that the undue concentration of the population is not a significant issue with
any zoning designation.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and
other public requirements
Again, the subject property is currently wholly surrounded by the City of Bozeman. Through
development of these adjacent parcels, issues such as transportation, utilities, and other public
requirements were considered. Development on this property will be required to contribute to
these provisions as found necessary through the site plan review process.
I. Reasonable consideration to the character of the district
The character of this part of town is varied, with developments of urban and suburban style
density found in and around undeveloped tracts of land. Uses include everything from heavy
manufacturing/industrial to commercial/retail types of uses. Staff finds that the proposed zone
map amendment would be consistent with the character of the district.
Sundance Business Park II Zone Map Amendment Staff Report, #Z-07208 4
350
J. Reasonable consideration to the peculiar suitability of the property for particular uses.
No significant physical constraints are found on the subject property. This property is found to
generally be suitable for M-1 types of uses.
K. Conserving the value of buildings
The property is currently vacant. The M-1 zoning designation will not negatively affect the value of
any adjacent buildings and/or land uses.
L. Encouraging the most appropriate use of land throughout the municipality.
The M-1 zoning designation would allow appropriate warehousing/industrial types of uses on the
land without negatively impacting existing land uses and development. Again, all adjacent
properties are zoned either M-1 or M-2 with corresponding land uses.
AGENCY REVIEW
The Planning Office has requested written summary-review comments from the Bozeman Development
Review Committee and other applicable review agencies regarding the request for a zone map amendment.
Comments received as of the writing of this staff report have been outlined above. Additional comments
and/or recommendations received after the date of this report will be forwarded to the governing body.
PUBLIC COMMENT
No public comment has been received to date. Any comments received after the writing of the Staff
Report will be distributed to Commissioners at the public hearing.
STAFF RECOMMENDATION
Should the City Commission choose to accept the request to change the municipal zoning designation, the
Planning Office has recommended that the following ZMA contingencies:
1) That the Ordinance of the Zone Map Amendment shall not be adopted until the Resolution of
Annexation is signed by the applicant and formally approved by the City Commission. If the
annexation is not approved, the application shall be null and void.
2) That the applicant submit a zone amendment map, titled “Sundance Business Park II Zone Map
Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital
copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in
the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map
shall contain a metes and bounds legal description of the perimeter of the subject property and
zoning districts, and total acreage of the property.
3) That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor and map
of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially
amend the zone map.
Sundance Business Park II Zone Map Amendment Staff Report, #Z-07208 5
351
SUMMARY & CONCLUSION
The Planning Office, Development Review Committee, and other local review agencies have reviewed the
requested Zone Map Amendment and have provided the above comments as they relate to the review
criteria and recommend approval with the above noted contingencies. The recommendation of the
Bozeman Zoning Commission will be forwarded to the Bozeman City Commission for consideration at its
public hearing on October 22, 2007. The City Commission will make the final decision on the application.
IN THE CASE OF PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF
25% OR MORE OF EITHER OF THE AREA OF THE LOTS INCLUDED IN THE
PROPOSED CHANGE; OR THOSE LOTS 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, SUCH AMENDMENT MAY NOT BECOME EFFECTIVE EXCEPT
UPON A FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
CC: Madison Engineering, 924 Stoneridge Drive Suite 1, Bozeman, MT 59718
Joe Mclendon, 1000 Lurel Road, Bozeman, MT 59715
Westlake Holdings, 2320 N. 7th Avenue, Bozeman, MT 59715
File
Attachments: Applicant’s Submittal Materials
Sundance Business Park II Zone Map Amendment Staff Report, #Z-07208 6
352
Sundance Business Park II ZMA
RESOLUTION NO. Z-07208
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP ON APPROXIMATELY 1.75 ACRES, DESCRIBED AS LOT
28 OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION AND
THE MAUS LANE RIGHT-OF-WAY ADJACENT TO LOT 28, SITUATED IN THE SE
¼ OF SECTION 36, T1S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, TO
ESTABLISH AN INITIAL MUNICIPAL ZONING DESIGNATION OF “M-1” (LIGHT
MANUFACTURING DISTRICT).
---------------------------------------------------------------------------------------------------------------------
WHEREAS, the City of Bozeman has adopted a growth policy pursuant to 76-1-604,
MCA; and
WHEREAS, the Bozeman City Zoning Commission has been created by Ordinance 1604
and Resolution No. 3312 of the City of Bozeman, pursuant to Title 76-2-307, MCA; and
WHEREAS, KAM, LLC, applied for a Zone Map Amendment, pursuant to Chapter
18.70 of the Bozeman Unified Development Ordinance to amend the City of Bozeman zoning
map on approximately 1.75 acres to establish an initial municipal zoning designation of “M-1”
(Light Manufacturing District) on property legally described as Lot 28 of the Gordon Mandeville
State School Section Subdivision and the Maus Lane Right-of-Way adjacent to Lot 28, and
situated in the SE ¼ of Section 36, T1S, R5E, PMM, City of Bozeman, Gallatin County,
Montana; and
WHEREAS, the proposed Zone Map Amendment has been properly submitted,
reviewed, and advertised in accordance with the procedures set forth in Chapter 18.70 of the
Bozeman Unified Development Ordinance; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on Tuesday,
October 16th, 2007 to receive and review all written and oral testimony on the request for a Zone
Map Amendment; and
WHEREAS, no members of the general public spoke in opposition to the requested zone
map amendment; and
WHEREAS, the City of Bozeman Zoning Commission was able to find the request for a
zone map amendment generally complies with the twelve (12) criteria established in
Section 76-2-304, MCA; and
WHEREAS, the City of Bozeman Zoning Commission finds that the request for a zone
map amendment is consistent with the intent and purpose of Chapter 18.70 “Zoning Map
Amendments” of the City of Bozeman Unified Development Ordinance; and
353
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning
Commission, on a vote of 3-0, officially recommends to the Bozeman City
Commission approval of zoning application #Z-07208 to amend the Bozeman
zoning map to establish an initial municipal zoning designation of M-1 (Light
Manufacturing District) for approximately 1.75 acres of said property which is
described as Lot 28 of the Gordon Mandeville State School Section Subdivision
and the Maus Lane Right-of-Way adjacent to Lot 28, situated in the SE ¼ of
Section 36, T1S, R5E, PMM, City of Bozeman, Gallatin County, Montana, subject to
the following contingencies:
1) That the Ordinance of the Zone Map Amendment shall not be adopted until the Resolution
of Annexation is signed by the applicant and formally approved by the City Commission. If
the annexation is not approved, the application shall be null and void.
2) That the applicant submit a zone amendment map, titled “Sundance Business Park II Zone Map Amendment”,
on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area to be zoned,
acceptable to the Director of Public Service, which will be utilized in the preparation of the Ordinance to
officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal
description of the perimeter of the subject property and zoning districts, and total acreage of the property.
3) That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor and
map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to
officially amend the zone map.
DATED THIS 30TH DAY OF OCTOBER 2007 Resolution No. Z-07208
_________________________________ ________________________________
Andrew Epple, Planning Director J.P. Pomnichowski, Chairperson
City of Bozeman Department of City of Bozeman Zoning Commission
Planning and Community Development
354
355
356
357
358
359
360
361